As promised last month, we are getting back to you about the CIL (Amendment) Regulations 2012. They came into force yesterday, 29 November 2012.
They primarily deal with the s73/ double-counting issue that we have mentioned before. In transitional cases, where the original planning permission was granted prior to a CIL charge being brought in but the s73 application is granted following introduction of CIL (and after yesterday), the s73 consent will only trigger CIL for any additional liability it introduces to the development (such as increased floorspace). The regulations allow, as expected, CIL payments made in relation to a previous consent to be offset against any further liability which arises pursuant to a s73 consent.
Similar provisions are made in relation to extension of time consents issued under article 18 DMPO.
Development granted by consents pursuant to Neighbourhood Development Orders will now also be liable to CIL, and it is made clear that CIL receipts can be put towards the improvement, replacement, operation and maintenance of infrastructure, rather than just its initial provision.
Amendments are also made to the calculations of CIL relating to social housing relief and situations where some buildings are to be demolished. These purport to correct errors in the previous regulations, so as to avoid overcharging, but a worked example or two might be necessary to fully appreciate the effect of these changes!